Routestone Ltd v Minories Finance Ltd & Anor [1996] EWCA Civ 964 (14th November, 1996)

Routestone Ltd v Minories Finance Ltd & Anor [1996] EWCA Civ 964 (14th November, 1996)

The judge's refusal to allow the late amendment was not plainly wrong or wrong in principle, given the lateness, potential unfairness, and lack of supporting evidence. The application for leave to appeal was therefore refused.

Citation
[1996] EWCA Civ 964
Parties
Applicant/plaintiff: Routestone Limited; Respondent/defendant: Minories Finance Limited (Formerly Johnson Matthey Bankers Ltd); Respondent/defendant: Knight Frank & Rutley (A firm)
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Application for Leave to Appeal
Outcome
Leave to appeal refused
Legal Topics
Amendment of Pleadings, Exercise of Judicial Discretion, Negligence in Property Sale, Receivership
Civil Procedure Amendment of Pleadings Exercise of Judicial Discretion Negligence in Property Sale Receivership

Case Brief

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Parties

Routestone Limited

Applicant/plaintiff

Minories Finance Limited (Formerly Johnson Matthey Bankers Ltd)

Respondent/defendant

Knight Frank & Rutley (A firm)

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing leave to re-amend the Statement of Claim during trial
  2. 2 Whether the refusal was a wrongful exercise of discretion

Ratio Decidendi

The judge's refusal to allow the late amendment was not plainly wrong or wrong in principle, given the lateness, potential unfairness, and lack of supporting evidence. The application for leave to appeal was therefore refused.

Court Disposition

Leave to appeal refused

Orders

  • Application for leave to appeal is refused